1. INTRODUCTION
Welcome to Iomega’s official website (https://theiomega.com/). These Terms and Conditions (“Terms”) govern your use of the Iomega website and all related services, products, content, and features (collectively, the “Services”) offered by Iomega, a leader in removable storage and data storage solutions.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our Services.
2. COMPANY INFORMATION
Iomega is a computer hardware company that specializes in data storage solutions. Founded in 1980, Iomega is best known for its removable storage media products, particularly its Zip and Jaz drives introduced in the 1990s. Our headquarters are located at:
3721 Valley Centre Dr
San Diego, CA 92130
United States
Contact Information:
- Phone: (858) 314-7000
- Email: Theiomega@hotmail.com
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
Certain features of our Services may require you to create an account. When you register for an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 Account Termination
We reserve the right to suspend or terminate your account at our discretion without notice if we believe you have violated these Terms or for any other reason.
4. PRODUCTS AND SERVICES
4.1 Product Information
Iomega offers various data storage devices including Zip drives, Zip disks, external hard drives, and other storage solutions. All product information, specifications, and pricing are subject to change without notice.
4.2 Product Availability
We strive to maintain adequate inventory of all products displayed on our website. However, product availability is not guaranteed. We reserve the right to limit quantities, discontinue products, or modify specifications at any time without prior notice.
4.3 Pricing and Payment
All prices are listed in US dollars unless otherwise specified. We accept major credit cards and other payment methods as indicated during the checkout process. All payments must be made in full before products are shipped.
5. ORDERING AND SHIPPING
5.1 Order Acceptance
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. We reserve the right to accept or decline your order for any reason up until the time of shipment.
5.2 Shipping and Delivery
Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Delivery dates are estimates only and are not guaranteed. Iomega is not responsible for delays in shipment or delivery due to circumstances beyond our control.
5.3 International Orders
For international orders, you are responsible for all customs duties, taxes, and any other charges associated with importing products into your country.
6. RETURN POLICY AND WARRANTY
6.1 Return Policy
Products may be returned within 30 days of receipt for a full refund or exchange, provided they are in their original condition with all packaging and accessories. Certain products may be subject to a restocking fee.
6.2 Warranty
Iomega products come with a limited warranty against defects in materials and workmanship under normal use. The warranty period varies by product. Please refer to the product documentation for specific warranty terms.
6.3 Warranty Exclusions
The warranty does not cover damage resulting from misuse, accidents, modifications, improper installation, or normal wear and tear. Data recovery is not covered under any warranty.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Ownership
All content on the Iomega website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Iomega or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not include:
- The resale or commercial use of our Services or its contents
- The collection and use of any product listings, descriptions, or prices
- Any derivative use of our Services or its contents
- Any downloading or copying of account information for the benefit of another merchant
- Any use of data mining, robots, or similar data gathering and extraction tools
7.3 Trademarks
Iomega®, Zip Drive™, Zip Disk™, and other marks indicated on our Services are trademarks of Iomega or its affiliates in the United States and other countries. All other trademarks not owned by Iomega that appear on this site are the property of their respective owners.
8. USER CONDUCT
8.1 Prohibited Activities
You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Services. Prohibited activities include, but are not limited to:
- Violating any applicable law, rule, or regulation
- Infringing upon the intellectual property rights of others
- Attempting to gain unauthorized access to any portion of our Services
- Interfering with the proper functioning of our Services
- Transmitting any viruses, malware, or other malicious code
- Collecting or harvesting any personally identifiable information from our Services
- Impersonating any person or entity
8.2 User Content
If you submit any content to our Services (such as reviews, comments, or feedback), you grant Iomega a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
9. PRIVACY POLICY
9.1 Data Collection and Use
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
9.2 Cookies
Our website uses cookies to enhance your browsing experience. By using our Services, you consent to our use of cookies in accordance with our Privacy Policy.
10. DISCLAIMER OF WARRANTIES
10.1 As-Is Basis
EXCEPT AS EXPRESSLY PROVIDED IN A SPECIFIC PRODUCT WARRANTY, OUR SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
10.2 Disclaimer
IOMEGA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.3 Data Security
WHILE WE TAKE REASONABLE MEASURES TO SECURE YOUR DATA STORED ON OUR PRODUCTS, NO DATA STORAGE SYSTEM IS 100% SECURE. IOMEGA IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR DATA BREACH THAT MAY OCCUR.
11. LIMITATION OF LIABILITY
11.1 Limitation
IN NO EVENT SHALL IOMEGA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Iomega, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
13. THIRD-PARTY LINKS
Our Services may contain links to third-party websites or services that are not owned or controlled by Iomega. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Iomega shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
14. MODIFICATIONS TO TERMS
14.1 Updates to Terms
We reserve the right to modify these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
14.2 Notification
We will make reasonable efforts to notify you of any material changes to these Terms, but it is your responsibility to check this page periodically for changes.
15. TERMINATION
15.1 Termination by You
You may terminate your use of our Services at any time by ceasing to use our Services and, if applicable, closing your account.
15.2 Termination by Us
We may terminate or suspend your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
16.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in San Diego, California, under the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
16.3 Waiver of Class Actions
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
17. MISCELLANEOUS
17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Iomega regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
17.2 Waiver
No waiver by Iomega of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Iomega to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
17.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17.4 Assignment
You may not assign these Terms without the prior written consent of Iomega, but Iomega may assign or transfer these Terms, in whole or in part, without restriction.
17.5 Force Majeure
Iomega shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Iomega’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
18. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
Iomega
3721 Valley Centre Dr
San Diego, CA 92130
United States
Phone: (858) 314-7000
Email: Theiomega@hotmail.com